Delhi High Court - Orders
Chetanya Pratap Singh Bhadoria vs Union Of India And Ors on 6 September, 2023
Author: Purushaindra Kumar Kaurav
Bench: Purushaindra Kumar Kaurav
$~54
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11239/2023
CHETANYA PRATAP SINGH BHADORIA ..... Petitioner
Through: Mr. Paul Kumar Kalai, Advocate
alongwith Mr. Kaoliangpou Kamet, Mr. Atul
Kumar Srivastav and Ms. Lidya Awomi,
Advocates
Versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr. Sandeep Tyagi, Sr. Panel Counsel
alongwith Mr. Chetanya Puri, G.P. for respondent
Nos. 1 to 3
Mr. Tushar Gupta and Mr. Parinay Gupta,
Advocates for respondent No.4
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
ORDER
% 06.09.2023
1. The petitioner in the instant petition has challenged his certificate of disability dated 21.07.2023 issued by respondent No.3. for the purposes of NEET Admission 2023.
2. On 28.08.2023, this court passed the following directions:-
"1. The petitioner in the instant petition is aggrieved by the improper assessment of his disability vide the disability certificate dated 21.07.2023. The petitioner has highlighted various reasons as to why the disability of the petitioner needs to be reassessed properly by an independent Board.
2. Having heard the learned counsel appearing on behalf of the parties, and without going into the veracity of the allegations made in the instant writ petition, this court deems it appropriate to direct for fresh assessment This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 17:17:39 of the disability of the petitioner by the experts of AIIMS, New Delhi. Accordingly, the following directions are issued:
(i) Let the petitioner to appear before the Director of AIIMS on 29.08.2023 at 10:30 am.
(ii) The Director of AIIMS is directed to constitute a team of experts for proper assessment of the disability of the petitioner, as expeditiously as possible.
(iii) The Director of AIIMS is directed to place on record the report of the experts, highlighting its opinion about the disability of the petitioner in a sealed cover by day after tomorrow.
3. Let the registry to take steps to send the communication of this order alongwith the entire record of this case to the Director of AIIMS through e-mail.
4. List this matter on 31.08.2023".
3. The Medical Status Report dated 02.09.2023, as directed to be produced vide order dated 28.08.2023 reads as under:-
"No.F.5-3/RPC/MB-1469/2023 Dated: 02.09.2023 "Subject: Medical Status Report of Sh. Chetanya Pratap Singh Bhadoria s/o Sh. Om Pratap Singh Bhadoria in the Matter Chetanya Pratap Singh Bhadoria Vs The Union of India and Others C.P.(C) 11239/2023 in High Court of Delhi at New Delhi NDOH: 05.09.2023 With reference to order dated 28.08.2023 of the Hon'ble High Court of Delhi at New Delhi in the matter of Chetanya Pratap Singh Bhadoria Vs The Union of India and Others vide case no: W.P.(C) 11239/2023, for proper assessment of visual disability. In compliance of order of Hon'ble High Court of Delhi, we have constituted the medical board on 29.08.2023 for proper assessment of visual disability for the candidate namely Sh. Chetanya Pratap Singh Bhadoria. The candidate was an old patient of Dr. R P Centre for Ophthalmic Sciences, AllMS, New Delhi vide UHID no 106873620 and had already been examined as a routine patient on 20.07.2023 in OPD cabin no 68, and then, he was referred to low vision clinic. On the same day i.e. 20.07.2023, he was examined in LVA clinic.
As per our records of LVA clinic, the best corrected visual acuity (BCVA) for distance & near was 6/24 & N6 with-5.000S/-1.25DC x 180 in the right eye and in the left eye 6/24P & N6 with -5.00DS/-2.000C x 180". He was advised spectacles glasses for constant use and other low vision aids/ device for distance and near. On 21.07.2023, he was examined for advanced low vision devices at low vision services in Community Ophthalmology, RPC, This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 17:17:39 AIIMS, ND. On asking about old records of the AIIMS, the candidate stated that he had lost his original papers (OPD card and other documents) of AIIMS and did not have any photocopy of the said documents.
The candidate appeared before the Standing Medical Board, Dr. RP Centre for Ophthalmic Sciences, AllMS, Ansari Nagar, New Delhi on 29.08.2023 & 30.08.2023, 01.09.2023 (absent in morning, examined in afternoon) and 02.09.2023 and was examined.
On ophthalmic evaluation and investigations done, the findings are as follows:
RE LE
Visual Acuity Finger counting Finger counting
(unaided) at ½ meters at ½ meters
Distance N24 N14
Near
Best corrected -4.500S/- -4.00DS/-
visual acuity 1.25DC x 170° 1.25DC x 170
Distance & 6/60, No further 6/60, No further
Near improvement improvement
with pinhole & with pinhole &
N6 N6
Intraocular 19 mmHg 18 mmHg
pressure (Non
contact
tonometer)
Central corneal 513 µm 508 µm
thickness
Anterior Within normal Within normal
segment limits limits
Fundus Mild temporal Mild temporal
disc pallor, cup disc pallor, cup
disc disc ratio=
ratio=0.4:1, rest 0.3:1, rest
within normal within normal
limits limits Within
normal limits
Colour vision Within normal Within normal
(Ishihara test) limits limits
VER (Visually 5.4 µV, 105 7.1 μV, 108
Evoked msec msec
response
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 17:17:39 Axial length 26.33 mm 26.33 mm Visual Within normal Within normal Field limits limits (Goldmann Perimtery Stereoacuity 60 seconds of (for near) arc (within normal limits) The candidate was examined in low vision clinic and for advanced low vision devices on 29.08.2023, 01.09.2023 an 02.09.2023, the BCVA for distance & 2 at 30 cm in the right eye and 6/60 & N12 at 30 cm in the left eye. Distance vision with 4x12 extra short telescope over right eye is 6/7.5 and with 6x16 extra short telescope over right eye is 6/6. Near vision with 4x65 mm dome magnifier is N6. The candidate was referred to visual rehabilitation for vocational training. A neuro-ophthalmic consultation was taken, no apparent cause for subnormal vision was found. Hence, his claim of having poor vision remains unexplained despite extensive ophthalmic evaluation. Final impression: As per the guidelines for the purpose of assessing the extent of specified disability in a person included under the Rights of Persons with Disabilities Act, 2016, the visual disability is found to be 40% (forty percent) under disability category III a (low vision). Visual disability reduced with telescopic low vision devices but the field of vision is then restricted to less than ten degrees."
4. On 05.09.2023, when the report of AIIMS dated 02.09.2023 was considered by this court, further directions were passed as under:-
"1. The petitioner while relying on the amendment notification dated 13.05.2019 issued by the erstwhile Medical Council of India submits that candidates suffering with visual impairment disability equal to or more than 40% are eligible for admission and availment of reservation under the provisions of Rights of Persons with Disabilities Act, 2016 (hereinafter 'the Act') provided that the visual disability is brought to a level of less than the benchmark of 40% with advanced low vision aids such as telescope /magnifier etc.
2. Learned counsel also submits that if the report of the experts of AIIMS dated 02.09.2023 is perused, the same would clearly indicate that the visual disability of the petitioner can be reduced with telescopic low vision devices.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 17:17:39
3. Learned counsel appearing on behalf of the respondents, however, points out that the visual disability of the petitioner, of course, can be reduced with telescopic low vision devices, however, the devices would lead to the field of vision being restricted to less than 10 degree and, therefore, the petitioner may not be entitled to take the advantage of reservation under the provisions of the Act.
4. In view of the aforesaid, let the matter be again referred back to the same committee which has submitted the said report dated 02.09.2023 to assist this court as to whether the petitioner can avail the benefit of reservation under the provisions of the Act in view of the notification relied upon by the petitioner or otherwise. This direction is imperative in view of the opinion of the experts to the effect that visual disability of the petitioner can be reduced with assistive devices, however, the experts put a caveat to indicate that the same would restrict the vision of the petitioner to less than 10 degrees.
5. Since the registrations for the third round counselling are already over and the matter requires to be decided at the earliest, therefore, it is directed that the view of the expert committee be submitted before this court by tomorrow.
6. Let a copy of this order be supplied to the Director, AIIMS along with the report dated 02.09.2023 with a request to send the view of the experts by tomorrow.
7. The committee is also expected to point out, with the aid of the devices in question, whether the petitioner would be able to pursue MBBS course or otherwise.
8. Let the report submitted by the AIIMS be also placed in PDF form.
9. List this matter on 06.09.2023".
5. Pursuant to the directions passed by this court on 05.09.2023, a Medical Status Report of the petitioner dated 06.09.2023 has been produced by the Board, which reads as under:-
"No.F.5-3/RPC/MB-1469/2023 Dated: 06.09.2023 Subject: Medical Status Report of Sh. Chetanya Pratap Singh Bhadoria s/o Sh. Om Pratap Singh Bhadoria in the Matter Chetanya Pratap Singh Bhadoria Vs The Union of India and Others C.P. (C) 11239/2023 in High Court of Delhi at New Delhi NDOH: 06.09.2023 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 17:17:39 With reference to order dated 05.09.2023 of the Hon'ble High Court of Delhi at New Delhi in the matter of Chetanya Pratap Singh Bhadoria Vs The Union of India and Others vide case no: W.P.(C) 11239/2023, proper assessment of visual disability, regarding whether the candidate would be able to pursue MBBS courses or otherwise.
Final impression: In continuation of previous medical status, the standing medical board observes that with the usage of distance low vision devices (monocular telescope in this case), the degree of visual disability is reduced but at the same time the field of vision is then restricted to less than ten degrees. The visual field in both eyes, without any telescopic device, is within normal limits tested on Goldmann Perimetry. Therefore, the restriction of visual field of the eye with the monocular telescopic low vision device is subject to the usage of the device only. The candidate is advised to use 4x65 mm dome magnifier for near reading consistently and is also referred to visual rehabilitation for vocational training as well as for academic purposes.
As indicated in our previous medical report submission dated 02.09.2023, "A neuro-ophthalmic consultation was taken, no apparent cause for subnormal vision was found. Hence, his claim of having poor vision remains unexplained despite extensive ophthalmic evaluation". The Hon'ble High Court of Delhi may hence take its view accordingly.
As per the gazette of India, Extraordinary, Appendix "H-I" of NMC norms, the candidate is eligible pursue MBBS courses if "visual disability is brought to a level of less than the benchmark of 40% who Advanced low vision aids", which is true in this case. Therefore, the candidate is eligible to pursue MBBS course."
6. This court in various cases has taken a view to replace the disability certificate with the report of the Medical Board of AIIMS. Reference can be made to the decisions in Prithviraj Bairwa v. Union of India and Ors.1, Afsha Jameel v. Union of India and Anr.2and Dr. Hemendra Singh v. National Medical Commission and Ors.3.
7. It is thus seen that in the instant case also, the petitioner is entitled for the same relief and accordingly, it is directed that the petitioner is eligible to 1 W.P. (C) 11570/2023 2 W.P. (C) 10781/2023 3 W.P. (C) 9618/2023 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 17:17:39 pursue M.B.B.S. course under PWD category.
8. Accordingly, the following directions are issued:-
(i) The disability certificate dated 21.07.2023 is set aside. The reports dated 02.09.2023 and 06.09.2023 submitted by the Medical Board of AIIMS be treated to be the disability certificate of the petitioner.
(ii) Let the candidature of the petitioner be considered on the basis of his merit treating him to be a candidate under PWD category.
(iii) If the petitioner is found eligible, the seat be allotted to him and accordingly admission process be completed.
(iv) The Medical Counselling Committee of Directorate General of Health Services is directed to allow the petitioner to participate in the ongoing counselling with immediate effect.
9. With the aforesaid directions, the petition stands disposed of.
10. Dasti.
PURUSHAINDRA KUMAR KAURAV, J SEPTEMBER 6, 2023 p'ma This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 17:17:39